Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 132: .Summons or warrant in case of person not so presen
If such person is not present in Court, the Magistrate shall issue a summons requiring him to appear, or, when such person is in custody, a warrant directing the officer in whose custody he is to bring him before the Court:
Provided that whenever it appears to such Magistrate, upon the report of a police officer or upon other information (the substance of which report or information shall be recorded by the Magistrate), that there is reason to fear the commission of a breach of the peace, and that such breach of the peace cannot be prevented otherwise than by the immediate arrest of such person, the Magistrate may at any time issue a warrant for his arrest.
Brefe Detail
This section outlines the procedure for issuing summons or warrants when a person required to appear in court is not present. If the individual is not in attendance, the Magistrate has the authority to issue a summons or, if the person is in custody, a warrant for their appearance. Additionally, if there is a risk of a breach of the peace that necessitates immediate action, the Magistrate can issue an arrest warrant.
Question & Answers
What happens if a person is not present in court?
The Magistrate will issue a summons for the person to appear or a warrant if the person is in custody.
Under what circumstances can a Magistrate issue an arrest warrant?
If there is reason to fear a breach of the peace that cannot be prevented without immediate arrest, the Magistrate may issue an arrest warrant.
What must be recorded when issuing a warrant?
The substance of the report or information that led to the issuance of the warrant must be recorded by the Magistrate.
Example
- If a defendant fails to appear for a scheduled hearing, the court may issue a summons for them to attend the next court date.
- In a case where a police officer reports potential violence at an event, the Magistrate may issue an arrest warrant for an individual believed to pose a threat.
Summary
Section 132 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides guidelines for Magistrates on how to handle situations where a required individual is not present in court. It emphasizes the necessity of issuing summons or warrants and allows for immediate arrest under certain conditions to prevent potential breaches of peace.
